The LOCAL FREEDOM INFORMATION OFFICER FOR THE CITY OF ABILENE, KANSAS IS: City Clerk - City of Abilene, 419 N Broadway, Abilene, Kansas, 67410. Phone: 785-263-2550. Officer Hours: 8 am to 5 pm, Monday through Friday.

PUBLIC POLICY: It is the public policy of the State of Kansas that "Public Records shall be open for inspection by any person unless otherwise provided, and the Kansas Open Records Act shall be liberally construed and applied to promote such policy." (K.S.A. 45-216(a))

Public records include "any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency.

WHAT RECORDS ARE AVAILABLE? Most records maintained by public entities are open for inspection and/or copying by individuals. (Please check the free available online forms first.) Commonly requested records include:

* Ordinances
* Resolutions
* Minutes from the City Commission
* Budget

HOW TO REQUEST A RECORD:

Check with the records custodial or Local Freedom of Information Officer to determine whether the information that you need is available. All records are open for inspection, unless closed pursuant to specific legal authority.

Records may be inspected during regular office hours. You may be asked to submit your request for information in writing.

The records custodian will provide you with a prepared form for this purpose. Make sure your request is as specific as possible so that your request may be filed quickly and completely. The records custodian may ask detailed questions in order to fulfill your request accurately.

Most records will be produced within three (3) business days from the time the request is received. If the request is denied, you will receive a written explanation for the delay of denial.

The Kansas Open Records Act (KORA) authorized public agencies to charge fees for providing access to or furnishing copies of public records. This fee may be requested in advance and may include: The cost of copying or reproducing the records shall be $1.00 for the first page and $.50 thereafter; the cost of staff time required to compile the information available.

If you have any questions about your request, contact your Local Freedom of Information Officer.

Request for Record Inspection
Request for Record Copy

Ordinance No 3118 - An Ordinance Establishing Fees to Be Charged to Persons for Accessing and/or Copying Open Public Records.

CLOSED RECORDS:

Some records are mandatory closed by federal law, state statutes or Supreme Court Rule.

Examples include child abuse records and reports; juvenile offense records; drug abuse treatment records; criminal history record information; income tax reports and returns; KDHE vital statistics - marriage, birth and death certificates; diversion agreements in court, once completed; disclosure of social security numbers; certain student information or educational records.

KORA recognizes that some records contain information which is private in nature. For this reason, the Act lists a number of exceptions. Records which are closed for this reason may include: Personnel information of public employees; Medical treatment records; Records which are protected by the attorney-client privilege or the rules of evidence; Records continuing personal information compiled for Census purposes; Notes and preliminary drafts; Criminal investigation records; Several other specific records. For a complete listing of exemptions, see K.S.A. 45-221.

PROHIBITED USES:

A list of names and addresses shall not be obtained from public records for the purpose of selling or offering for sale any property or service to the persons listed.

This provision does not prohibit commercial use generally; it just applies to use of the name to sell or offers to sell property or a service.

This provision does not prohibit user of list of names obtained from public records to solicit the purchase of property from the person listed.

This provision pertains to the name and addresses of businesses listed in the public records, as well as individuals.

Any person who knowingly sells, gives, or receives records for such purpose is guilty of a class C misdemeanor.

The agency may require a person who requests such records to provide written certification that she or he will not use the record for that prohibited commercial purpose. If the requester makes this certification, the custodian is relieved of liability, if the custodian provides records in good faith reliance on certification.

A third party who obtains this information from a requester violates the law if it is used for commercial purposes.